Standard Promotional Terms and Conditions
1.2 You should check these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion.
1.3 In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Specific Promotional Terms and the Terms and Conditions of Use, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.
1.4 You can print a copy of these Standard Promotional Terms by selecting the print option from the "File" menu of Your browser.
1.5 Your use of each Platform itself and of any services available through that Platform are subject to the Rules.
2. Promotions and Promotion Periods
2.1 We may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real money bonuses or some other form of incentive), prize draws, competitions, contests, leagues, tournaments or other form of Promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as emails, computer pop-ups and letters) We issue to tell You about each Promotion (each a Promotion Communication) and/or on the individual web landing page for the relevant Promotion.
2.2 For the purposes of all Promotions, the promoter is the entity You have contracted with under the Terms and Conditions of Use ("We", "Us" and "Our").
2.3 The period of time during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified the relevant Promotion will end when it is discontinued on the Platform.
3. Promotion Communications
3.1 Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to players from any of Our Platforms but is limited to one per person, family, household, address or organisation to whom We send the Promotion Communication. We reserve the right to restrict participation in certain Promotions to players who fulfill specific selection criteria. Where a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.
3.2 Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient then the offer is null and void.
4. Eligibility to participate in Promotions
4.1 To be eligible to participate in any Promotion, You must:
(a) be twenty-one (21) years of age or older;
(b) be legally entitled to use Our services in accordance with Our Terms and Conditions of Use;
(c) if the Promotion is specifically intended for players who are residents of and/or located in a particular country as stated in the applicable Specific Promotional Terms, be a resident of and/or located in that country;
(d) unless the applicable Specific Promotional Terms indicate that a "no purchase necessary" route is available and subject to section 5.2 below, have successfully completed registration on the Platform for the relevant service and opened a real money player account (Account) in accordance with Our Terms and Conditions of Use;
(e) satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms; and
(f) not be an Unauthorized Person (as defined in section 6, below); (a Qualifying Player).
4.2 To be eligible to participate in any Promotion which is stated to be intended for new players or which is described as a "new player" or "sign up" offer (or similar), You must not previously have opened and made a deposit into an Account on any of Our Services. Such Promotions may not be used in conjunction with any other Promotion unless otherwise specified in a particular promotion’s terms and conditions.
4.3 The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, email address, credit/charge/debit card number, IP address and other forms of identification which may be required. We reserve the right to request further information from You if You wish to participate in certain Promotions.
5. Participation in Promotions
5.1 Participation in any Promotion is voluntary.
5.2 To participate in a Promotion, You should follow the instructions set out in the relevant Promotion Communication, on the individual web landing page for that Promotion and, where appropriate, the applicable Specific Promotional Terms. Where the Promotion Communication or landing page indicates that no purchase is necessary to participate in the Promotion, You may participate by sending an email to the address there specified.
5.3 Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.
6. Excluded and disqualified players
6.1 (i) any person prohibited from gaming pursuant to N.J.S.A. 5:12-100n, including but not limited to employees of a casino licensee who are directly involved with the conduct of gaming operations, (ii) an employee of a supplier or vendor of the Group and iii) employees of either MGM, Borgata or GVC/bwin.party or its subsidiary or affiliated companies who have administrative or privileged access to Borgata’s online gaming data or systems; (collectively, Unauthorized Persons)
7. Qualifying Deposits
7.1 Unless the applicable Specific Promotional Terms indicate that a "no purchase necessary" route is available (or such other dispensation is available), participation in any Promotion is subject to You having made the required minimum deposit as may be required from time-to-time into Your Account, once opened, (Qualifying Deposit) unless the Specific Promotional Terms specify that a different Qualifying Deposit amount is required.
8. Release and cash out restrictions
8.1 In relation to some Promotions, certain release requirements or, where appropriate, withdrawal restrictions must be satisfied, in addition to the general eligibility criteria set out in these Standard Promotional Terms, before a bonus may be used, played with or, where appropriate, withdrawn, or as a condition of being eligible for a prize or to compete in a competition, contest, league or tournament. Any such additional restrictions or requirements will be contained or referenced in the applicable Specific Promotional Terms.
In the event that You withdraw funds in respect of which You have received a Bonus, without having met any applicable release requirements, withdrawal restrictions or general eligibility criteria, You shall forfeit the entire sum of the Bonus and any winnings resulting from this Bonus and We shall be entitled to deduct this from Your Account.
8.2 Where it is a requirement of any Promotion that a certain number of games, hands or wagers be played or placed, then unless otherwise indicated in the applicable Specific Promotional Terms, games, hands or wagers played or placed at tournament tables (unless the Promotion is a tournament) or at play money tables will not be counted.
8.3 Where it is a requirement of any Promotion that a certain number of Points be accrued, then unless otherwise indicated in the applicable Specific Promotional Terms, the reference to "Points" means standard Points accrued during the relevant Promotion Period only. Unless otherwise indicated in the applicable Specific Promotional Terms, Points accrued through "topping" or which have been redeemed or used in any way outside of the relevant Promotion will not be counted towards such requirement and once Points have been redeemed in connection with a Promotion they may not then be reclaimed.
8.4 Where it is a requirement of any Promotion that wagers be placed, then unless otherwise indicated in the applicable Specific Promotional Terms, bets placed in any game of (i) roulette on the winning number being red, black, odd, even, between the number range 1 - 18, or between the number range 19 - 36; (ii) Single Deck Blackjack; and (iii) Texas Hold'em Bonus Poker will not be counted as valid wagers for the purposes of meeting the withdrawal or wagering restrictions of any Promotion.
9. Payment of bonuses
9.1 Subject to Clause 8.1 above, unless otherwise indicated in the applicable Specific Promotional Terms, all real money bonuses will be paid into the Accounts of Qualifying Players within seven (7) days of entry into the relevant Promotion.
9.2 Your use of any real money bonuses is subject to Our review for irregular playing patterns. To ensure fair gaming and the proper use of bonuses, We consider low margin betting, equal betting, zero risk bets or hedge betting to be irregular gaming when deployed to exploit bonuses. Further examples of irregular playing patterns also include, but are not limited to: (i) placing single or multiple bets of a value of fifty percent or more of the bonus on any single game , individual hand, or round, building a balance and significantly changing play patterns (bet size, game types, bet structures etc) in order to meet the bonus release requirement; (ii) placing large bets which result in a substantial gain followed by a drop in bet size equal to or more than seventy five percent of the previous average bet size until the bonus release requirements have been met; (iii) if We have good grounds to suspect that you have sought only to exploit a bonus offered by Us in good faith to enhance your entertainment (for example, on acceptance of a bonus, the minimum wagering requirement is met and funds are subsequently withdrawn). In the event that We deem that an irregular playing pattern has taken place, We reserve the right to prevent you from cashing out Account funds and/or withhold any of Your winnings derived from Your use of the bonus.
9.3 In the event that more than one real money bonus or any excess payment is accidentally paid to a Qualifying Player, We reserve the right, without prejudice to any other rights under the Rules, to seek the return of the amount of any additional real money bonus or payment from that player's Account.
10.1 Qualifying Players who win a prize as the result of any Promotion consisting of a draw, competition, contest, league or tournament (each, respectively, a Winner and a Prize) must accept the relevant Prize "as is" and there is no right to a cash alternative unless We, in Our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value.
10.2 Prizes will be drawn at random and, provided all players must be Qualifying Players, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Player, which of Our gaming channels or Platforms a Qualifying Player has used, or any other factor.
10.3 All Prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms and, unless otherwise indicated there, a cash Prize will be paid into the Account of the Winner. Where We arrange for a non-cash Prize to be delivered to You, the delivery may need to be signed for, but in all cases We reserve the right to require that a particular Prize is made available for collection only, including without limitation if such Prize is impractical or unduly costly to deliver. In the case of a non-cash Prize, We will make all reasonable attempts to contact the Winner using his/her Account contact details, but if We have not been able to make contact with the Winner within 30 days of the Prize being won, We reserve the right to draw another Winner in place of the original Winner or to forfeit the Prize altogether without liability to the Winner.
10.4 Any transactions (e.g., chargeback fees, non-sufficient funds) that cause Your account credit balance (unrestricted funds in Your player account) to be negative must be paid to Us before any individual cash Prize is issued to You. We reserve the right to withhold any cash Prize that You win to cover Your negative account credit balance. We also reserve the right to withhold any non-cash Prize that You win until Your account credit balance is zero or greater. Your account credit balance must be zero or greater within 30 calendar days of You being notified of Your non-cash Prize win or such Prize may be forfeited. We reserve the right not to award a Prize or to seek the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that s/he is entitled to receive any Prize) or if We have cause to disqualify the Winner in accordance with section 6.
10.5 If You are competing in a contest, league or tournament and are unable, for any reason whatsoever, or choose not to progress to the next round after qualifying to do so, You will forfeit Your place and will not be eligible to receive any Prize to be awarded for the next or any subsequent round or the final Prize.
10.6 Any entitlement to receive a Prize is non-transferable.
10.7 The Winner is solely responsible for the payment of any applicable tax in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law. Examples of such associated costs include, but are not limited to, if the Prize consists of a motor vehicle, in relation to vehicle registration, motor insurance and driving license or, if the Prize consists of foreign travel, in relation to passport, visa and travel insurance requirements or, in relation to Prizes that are location-specific (for example, an event, activity or holiday), the cost of travel to and from the relevant location (unless the Prize is expressed to include travel or consists of a flight, train journey or sea voyage, in which case the Winner is responsible for travel to and from the point of embarkation).
10.8 Where a Prize consists of an event, activity, holiday or the performance of a service, the Winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third party provider or organiser and must be able to comply with any restrictions as to dates and times in relation to the Prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third party provider or organiser. The contract in relation to any such event, activity, holiday or service will be directly between the Winner and the relevant third party provider or organiser and We will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third party provider or organiser. We will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any Prize consisting of an event, activity, holiday or service.
10.9 Where, in relation to any Prize, We make use of any third party name or trade mark, these are proprietary to the relevant third party. No license, affiliation, sponsorship or endorsement is claimed or should be inferred from the use of these names or trade marks or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation as to make, model, specification, color, finish, packaging and other features.
10.10 Our offering of a particular Prize implies no affiliation on Our part with or sponsorship or endorsement of the relevant third party manufacturer, supplier, provider or organiser.
10.11 The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms, no representations, warranties, conditions or other terms are made, given or accepted by Us and no other terms shall apply, as between Us and any person, in relation to any Prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which We exclude to the maximum extent permitted by law.
11. Prize Draws
11.1 In respect of any prize draw, Winners will be drawn at random from all entries correctly submitted and, provided all players are Qualifying Players, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Player, which of Our gaming channels or Platforms a Qualifying Player has used, or any other factor.
11.2 The Draw Process is based on a proprietary random number generation system.
Achievements, Friends, Missions and Rewards
12.1 You will have the opportunity to acquire certain rewards by carrying out various online activities. Such activities may include playing games, achieving set goals, depositing money, taking part in specific Promotions or sharing in-game activity with other players. By carrying out the specified activities, You will gain credits which can lead to the award of different types of Bonuses and Prizes (“Rewards”).
12.2 Rewards may include the unlocking of new games or features, bonus play offers, access to tournaments and/or the award of other monetary or non-monetary items. Unless stated otherwise, where Rewards include bonus play or bonus money, these types of Rewards will be subject to the release and withdrawal restrictions as set out at Clause 8.
12.3 If You chose to play any of Our games on Our Platform, You hereby give Your consent to share with Us some of your basic information, including Your name, date of birth, profile picture, and friends list which will then be used to assist with the registration process and used to identify You during gameplay. Following Your authorization We may post in-game activity to Your newsfeed and share content with other players which may lead to Rewards. Such activity can be controlled in Your privacy settings.
12.4 If You have not yet made a Qualifying Deposit any play money games or credit balances will expire at the end of a game session.
12.5 Your participation in Missions and Achievements are subject to the following restrictions:
12.5.1 All Missions and Achievements are available only to real money players;
12.5.2 Progress towards a Mission is counted only if You have explicitly started the Mission by clicking the ‘Start Mission’ button to opt in;
12.5.3 Only one (1) Mission can be active at any point in time; however Missions can be paused and resumed, and when a Mission is paused no activity is counted towards the Mission tasks;
12.5.4 For the purposes of this section, “Day” shall mean 00:00 ET to 23:59 ET and “Week” shall mean 00:00 ET Monday to 23:59 ET Sunday;
12.5.5 You are permitted to receive each Achievement, and participate and complete each Mission, only once;
12.5.6 Achievements and Missions are not awarded or marked complete when a tournament crashes and is settled.
13. Publicity and intellectual property
13.1 By participating in any Promotion in which You win a Prize or which takes the form of a contest, league or tournament in which You successfully progress to a second or subsequent round, You agree to co-operate in all advertising, marketing and publicity material and activities We may, at Our expense, produce or arrange. You also agree if requested (a) to wear any branded clothing or attire We may provide; and (b) to sign, if requested, an irrevocable release form allowing Us, without any compensation being payable, to use Your name, photograph, likeness, details of the country and/or city where You live, any comments made by or attributed to You, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
13.2 Where You participate in any event which We host or arrange in connection with a Promotion, You agree not to make use of any third party branding or advertising for any organization which We consider to be Our competitor, including without limitation any branding or advertising for any other gaming company, and You agree not to conduct yourself in a manner that might, in Our reasonable opinion, bring us, any of Our affiliates or any of Our or their respective brands into disrepute. In the event of any breach of this requirement, We reserve the right not to award a Prize or to seek the return of any Prize awarded.
13.3 With respect to any submission or entry You make in the course of participating in any Promotion, You warrant that the relevant material will be all Your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) in such material (and if moral rights exist, agree to waive such rights) and agree to execute all documents and to do any other things reasonably necessary to assure Our title to such material and to allow Us fully to use and exploit such material.
14.1 All references to sums of money will be in U.S. currency.
15.1 Except that We do not exclude or limit Our liability for personal injury or death caused by Our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, We accept no liability in relation to Your participation (or inability to participate) in any Promotion, including without limitation any use made by You of (or inability to use) any Prize, to the maximum extent permitted by law.
15.2 If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no bonus, payment or prize of any kind will be awarded.
16. Alteration and termination of Promotions; modification of the Rules
16.1 We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the Platform, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the number of participants or the value of claims.
16.2 The Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend You revisit these Standard Promotional Terms regularly. By Your continued participation in the Promotion, You accept any such modified terms.
17. Poker Live Events
17.1 Winners will participate in a live tournament as a member of Our BorgataPoker.com team.
17.2 Winners may not cash in a live tournament ticket for a cash prize.
17.3 These Poker live event conditions may be superseded by specific live tournament rules provided by the live tournament organizer. If any provision of these Poker live event conditions is superseded by a live tournament rule, the remaining provisions of these Poker live event conditions shall remain in full effect.
17.4 If the Winner is not able to participate in a specific live tournament, We may provide the Winner an opportunity to participate in an alternative live tournament of equal or lesser value. Should We, at Our sole discretion, deem the alternative live tournament to be of lesser value, the Winner will receive the buy-in value difference in cash. If no suitable alternative live tournament is available, the prize package may be forfeited. If the Winner fails to show up at a specific live tournament, their entry will be forfeited and added to the prize pool of the tournament.
17.5 If We are not able to send the Winner to a live tournament due to reasons beyond Our reasonable control, or due to reasons associated with the purpose of sending the Winner to the live tournament, the Winner will be provided with the opportunity to participate in an alternative live tournament.
17.6 Any substitution live tournament is decided by Us at Our sole discretion.
17.7 We may, at Our discretion, decide not to send a team to a live tournament. We shall notify the Winner at least two (2) weeks prior to the start of the live tournament setting out the reason(s) for the non-participation. We shall also provide the opportunity to participate in an alternate live tournament.
17.8 If the Player is sent to an alternative live tournament, We may not be held liable for any costs, loss or damage incurred as a result thereof.
17.9 As a member of Our team, the following costs related to a live tournament may be covered by Us. Costs paid are dependent on the package value won by the Winner:
a) Tournament buy-in: We may cover the cost for the tournament buy-in.
b) Travel allowance and spending money: We may cover travel costs and provide spending money to the Winner. The amount paid will be communicated through Our representative and will be paid to the Winner before departure to a live tournament. The amount may cover any costs and expenses that the Player has during the stay at the location of a live tournament. The amount will be credited to the Player's account on Our site.
c) Hotel accommodation: We may cover the costs for hotel accommodation. Any additional costs, e.g. meals, room service, telephone calls, etc. are the sole responsibility of the Winner.
17.10 When participating in a live tournament, or in any surrounding event, the Winner shall wear Our BorgataPoker.com brand fully visible at all times, unless the tournament organizers expressly prohibit such displays.
17.11 In connection with participating in a live tournament, the Winner agrees to be interviewed and/or engaged by public relations companies on Our behalf. This may include, but is not limited to, being interviewed by Our crew on a daily basis and providing any additional information of interest for the reporting on any of Our sites. We own the exclusive right to copy, reproduce and use all or part of the result from interviews or engagements, including photos and videos of the Winner. The Winner waives the right to inspect and approve such use.
17.12 If interviewed in connection with a live tournament by a third party, the Winner shall mention that the Winner has qualified for the live tournament by playing at Our site, unless the tournament organizers expressly prohibit such communication.
17.13 The Player is aware and agrees that We may use images and videos of the Winner as well as the Winner's real name and nickname on any of Our sites in connection with the reporting of a live tournament.
17.14 We may provide compensation for additional activities following the end of a live tournament which the Winner may be asked to participate in. Any activities outside a live tournament period are subject to the prior approval of the Winner.
17.15 If the Winner fails to fulfill the obligations stated in this contract, the Winner will be banned from Our future team events, including qualifying events and live events. We will notify the Winner in writing about a ban and the consequences of such ban.
17.16 Should a banned Winner participate and win a prize in a qualifying event, the prize will be forfeited.
17.17 We may organize additional activities during the time a live tournament is running. We are not responsible in any way whatsoever for anything that may happen to the Winner during these activities. The Winner is always responsible for personal safety and should act accordingly. This applies during the whole time the Winner is acting as a member of Our Team.
17.18 The estimated total prize stated on Our site can only be guaranteed to a Winner that is participating in all extra-curricular activities. We cannot be held responsible if the Winner decides not to participate or is prevented from participating due to personal reasons or tournament play.
17.19 In the case of any disputes regarding any Terms and Conditions of the prize package, Our decision shall be final and binding upon the parties.
17.20 The Winner must be of legal age of majority in order to participate in a live tournament and it is the sole responsibility of the Winner to provide verification of age. Documentation verifying age may be requested by Us at any time.
17.21 It is the sole responsibility of the Winner to hold any travel visa or any other conditions, such as immunizations, etc. that are required for the Winner to enter the country/region in which a live tournament takes place.
17.22 The Winner is required to bring a credit or debit card in order to gain access to the accommodation. Failure to do so will mean alternative, potentially inferior accommodation will need to be arranged by Us. All extra and associated costs in the event of such relocation shall be carried by the Winner.
17.23 The Winner is individually responsible for any taxes associated with the winning of the prize.
18.1 You may not assign or transfer any or all of Your rights or obligations under the Rules.
18.2 No third party shall have a right to enforce the Rules against Us.
18.3 Failure by Us to enforce a right under the Rules does not result in waiver of such right.
18.4 If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.
18.5 Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and, subject to the following section, that decision shall be final and binding on all players.
18.6 You and We agree that the laws of New Jersey apply to the Rules and that any dispute between You and Us arising out of or in connection with the Rules or any Promotion will only be dealt with by the courts of New Jersey.
18.7 If these Standard Promotional Terms or any applicable Specific Promotional Terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.
If You have any questions, please contact Our 24/7 Customer Service team.
Effective March 7, 2018.